A Publisher's Conversation with Authors: What Happens to Your Book When You Die?

 

It is Tuesday. Time to tall turkey. Monday's madness is over, and Wednesday will take us over the hump, so Tuesday it is--for some serious discussion with authors. Tuesday talks mean to address authors in waiting and self-published authors who would like to go a more traditional route or who would at least like to take their steps with a publisher by their side.

Today's topic addresses what happens to a book after an author dies. We have certainly had a number of authors, alas, die over the years. Each death has special circumstances, and generally each case needs a lawyer's involvement. The following examples of situations we have dealt with are simple examples of real life (and death) in action and do not set us up as having any kind of legal expertise; rather, we seek that expertise when needed. The one thing that all authors who die have in common is that copyright continues after death; it does not die with them. The question then falls to heirs and publishers as to how to handle such things as royalties and protection of copyright.

The author is very old or very ill:

• Generally, these authors are already making end-of-life plans; their publications are part of those plans.
• Not only do they make us aware of their heirs/families and how to reach them; at their desire, we often end up cc'ing relatives on communications.
•  Often, we need to educate the heir about copyright matters. 
• For us, as publishers, this is the easiest situation, and author age and health have no impact on our decision to publish a book. 

The author expires suddenly:

• We have had several authors die from strokes and heart attacks without much warning. 
• In some cases, they have been thoughtful and have end-of-life plans in place even if they are relatively young. That places their circumstances, as far as the publisher is concerned, in the category above, that of the old or ill author.
• In other cases, they have not thought ahead, and that can create a number of complications. 
• Generally, we are contacted by a member of the family or a co-author/co-editor, and we are able to shift royalties, accomplish required paperwork, and the like in a timely fashion. 
• Sometimes, we are not told anything until a royalty check is returned to us, which throws the author into the missing in action category below. 

The author disappears:

• Like all publishers, we have had a few authors simply disappear. We find out when communications bounce or royalty checks are returned. Often, these are authors of backlisted or poorly selling books. Nonetheless, they are due royalty statements and sometimes checks. And they should not give up; our bestselling book belongs to a deceased author, and it took off after he died! (I have since had ongoing, interesting communications with his widow for whom the income has been quite welcome.)
• We do a Google search, reach out to whom we think might be relatives, contact people we think might know them and where they are. We seek them out on social media platforms; most are on one platform or another. However, we are not always successful.
• If we cannot find an author in spite of good-faith efforts, we simply set aside the funds until such time as an author or representative contacts us or the author pops up again on our radar.  

One reality that happens when an author dies is that interest in the book wanes. In such cases, a book may be backlisted, or less likely, dropped. The heirs can, of course, ask for reversion of rights and seek another publisher or self-publish if they feel the publisher is not advocating well enough for the book. It is rare for a book to become a bestseller after an author's death, but, as we have experienced, that can happen, and we do not stop promoting books simply because an author has died.

The bottom line is that your publisher needs to know what your post-mortem plans are. Please help your publisher help you and your heirs. If your publisher does not ask (and typically a publisher does not), let the publisher know how to contact your next of kin and keep that information current. In fact, you should let your publisher know whom should be contacted if you cannot be reached. (This can be important even if you are not dead!) We always ask for next of kin, but once in a while that information fails to get collected, and we really have to scramble once an author goes silent.

Lesson for today's Tuesday talk: No one lives forever although copyrights live on a very long time (50 years, and subject to renewal). We should all have end-of-life plans. For authors, those plans should include their publications and shared with their heirs, families, and publisher.

Read more posts about publishing HERE.

The Tuesday talks reflect real discussions between the management of MSI Press LLC and our own authors or those would-be authors who come through our doors but don't make the cut--yet. If you have a topic you would like addressed, leave the question in the comment section. Chances are, in our 18 years of publishing first-time and experiences authors, we have had a conversation with one of our authors that we can share with you.

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